Local Government etc. (Scotland) Act 1994

Fire services

36Fire services

For section 147 of the 1973 Act (fire services) there shall be substituted—

“147Fire services

(1)Subject to the provisions of this section, the fire brigades maintained in Scotland for the purposes of the Fire Services Acts 1947 to 1959 by fire authorities or, where administration schemes have been made, joint committees for combined areas immediately before 1st April 1996 shall continue in existence on and after that date.

(2)Subject to the provisions of the [1947 c. 41.] Fire Services Act 1947, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall, until 31st March 1996, continue to be a regional or islands council and thereafter shall be a local authority.

(3)The fire brigades for the existing fire authorities of Fife and Dumfries and Galloway shall be the fire brigades for the new fire authorities of the same names.

(4)The Secretary of State shall, before 1st April 1996, by order make schemes (hereafter referred to as “administration schemes”) for the local government areas comprised in each of the combined areas set out in the Table at the end of this subsection for the provision in the combined area of the services required by section 1 of the Fire Services Act 1947; and the fire brigades for the existing areas shown in brackets in the first column shall be the fire brigades for the new combined areas.

(5)Subject to subsection (6) below, an administration scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an administration scheme under section 36 of the Fire Services Act 1947.

(6)An administration scheme made under this section shall provide for the incorporation of the joint board with a common seal and shall confer on such a board power to hold land and to borrow money.

(7)Before making an administration scheme under this section the Secretary of State shall—

(a)consult such fire authorities as appear to him to be affected by the scheme; and

(b)where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.

(8)An administration scheme made under this section shall not take effect before 1st April 1996, except so far as it relates to—

(a)the constitution of the joint board for fire services; and

(b)the performance by that board of functions necessary for bringing the scheme into full operation on that date.

(9)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.